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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50174
Experience:  Qualified Employment Solicitor
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Could you see the question I asked previously? I've

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Good Morning.Could you see the question I asked previously? I've attached the contract below. Would you be able to comment shortly please as I have my first consultation at 1pm today? I don't believe anyone else is being made redundant and I do believe this is dismissal disguised as redundancy. How do I approach this now?

Hi I just replied on the other thread, in case you did not see it:

Thank you. There is no minimum number of consultation meetings an employer must hold and all that is required is that meaningful consultation is held, so it could be just one meeting. Also all of this is linked to the fairness of the dismissal procedure so if they dismiss you before the 2 years are up, it does not matter whether they followed a fair procedure or not, they could dismiss you even with no consultation meetings. So whilst you can get signed off, if they wanted to they could just skip the consultation, or hold it remotely, and still issue you with notice of redundancy before the deadline to take you over the 2 years. Looking at the contract they cannot pay you in lieu of notice so they must allow you to work your notice period therefore the key is whether you can delay them to issue the notice on or after 7 July, because that will take you to having 2 years’ service on dismissal.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 1 year ago.
I would have to work my month's notice and then they would have to pay redundancy? What does delaying the notice do if I have to work the notice? How do I delay?

the contract says nothing about paying you in lieu of notice so they will have to allow you to work your 4 weeks notice or they can place you on garden leave where you simply remain at home rather than having to work it, but still get paid for it. They do not have to pay redundancy unless you go over the 2 years so if they serve notice before 7 July, they will not have to pay you any redundancy. Delaying the notice simply means that if they issue it on or after 7 July, by the time your notice expires 4 weeks later you would have 2 years service and be eligible for a redundancy payment and protection against unfair dismissal. There is no guaranteed way to delay issuance of notice, going off sick is one possible tactic or you could raise a grievance to raise a formal complaint about this situation and hope they try and resolve that first before the give you notice